Ragul, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2119 of 2019 RAGUL ... PETITIONER / ACCUSED NO.3 Vs STATE REP. BY THE INSPECTOR OF POLICE, GOVERNMENT HOSPITAL POLICE STATION, TRICHY CITY.

(CRIME NO.23/2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.SATHISH KUMAR, Advocate for MR.I.SABEER MOHAMED Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 147, 149, 294(b), 324, 506(ii) of IPC @ 147, 148, 294(b), 324, 506(ii) and 307 IPC, in Cr.No.23 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enimity the petitioner attacked the defacto complainant and abused him in filthy language, thereby she sustained injury. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the injured person in this case has been discharged from the hospital and after investigation, the case was altered into Sections 147, 148, 294(b), 324, 506(ii) and 307 of IPC. 5.Considering the facts and circumstances of this case and since the injured person discharged from the hospital, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate IV, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the https://hcservices.ecourts.gov.in/hcservices/

respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b))the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE, GOVERNMENT HOSPITAL POLICE STATION, TRICHY CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.I.SABEER MOHAMED, Advocate ( SR-2876 dated 12/02/2019 )

ORDER

IN CRL OP(MD) No.2119 of 2019 Date :11/02/2019 TK-JM/PN/SAR 4/15.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/